Mareeba Shire Council and Department of Local Government, Planning, Sport and Recreation; Thiess Services Pty Ltd & FGF Developments No. 1 Pty Ltd (Third Party)

Application number:
210216
Decision date:
Friday, Sep 28, 2007
PDF:
Mareeba Shire Council and Department of Local Government, Planning, Sport and Recreation; Thiess Services Pty Ltd & FGF Developments No. 1 Pty Ltd (Third Party) (PDF file, 78.7 KB)

Mareeba Shire Council and Department of Local Government, Planning , Sport and Recreation; Thiess Services Pty Ltd & FGF Developments No. 1 Pty Ltd (Third Party)
 (210216, 28 September 2007) 

Section 43(1) Legal Professional Privilege 

This was a ‘reverse FOI’ application in which the applicant, Mareeba Shire Council (Council), sought review of the Department’s decision to release a document comprising legal advice received by the Council to the initial access applicant, Thiess Services.  The Department’s decision to release the document was on the basis that legal professional privilege had been waived by the Council when it provided the document to the Director-General of the Department. 

Assistant Commissioner Henry found that due to the limited and specific purpose for which the Council had disclosed the legal advice to the Department, legal professional privilege had not been waived and the document qualified for exemption, in its entirety, under section 43(1) of the FOI Act.